Judgment No. 4530
Decision
The complaint is dismissed.
Summary
The complainant challenges the effective date of termination of his appointment, which had previously been deferred on a number of occasions due to his sick leave.
Judgment keywords
Keywords
extension of contract; termination of employment; sick leave; complaint dismissed
Consideration 3
Extract:
[T]he complainant requested oral proceedings. The request is rejected as the documents and the parties’ submissions sufficiently inform the Tribunal of the case (which essentially turns on the discrete issue concerning the effective date of termination of the complainant’s appointment) to permit it to make an informed decision.
Keywords
oral proceedings
Consideration 3
Extract:
The complainant seeks the disclosure of “any and all documents, reports, correspondence, e-mails, notes, records, memoranda, letters, notices, file contents, minutes, minuted phone calls, or any other documents or items in the possession of the Administration that in any way describes, comments on, relates or refers to, controls, records, and/or evidences, in general or specifically, the decision to terminate the Complainant’s employment, in particular medical records or reports indicating that the [c]omplainant was fit to return to work at the time of his termination, as well as the medical assessment made by the WHO Staff Physician purportedly relied upon by the GBA in its report (with which assessment to date the [c]omplainant has never been provided)”. The request is rejected as it is cast in such wide and general terms that it constitutes an impermissible “fishing expedition” (see, for example, Judgments 4247, consideration 3, and 4086, consideration 9).
Reference(s)
Jugement(s) TAOIT: 4086, 4247
Keywords
disclosure of evidence; fishing expedition
Consideration 7
Extract:
As the Tribunal reiterated in consideration 3 of Judgment 3058, it is well established that the same question cannot be the subject of more than one proceeding between the same parties.
Reference(s)
Jugement(s) TAOIT: 3058
Keywords
parallel proceedings
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